Appendix C - Service Level Terms
1. INTRODUCTION
This Appendix C - Service Level Terms sets out the availability of the Services by which the Services are measured and the remedies for failing to achieve such availability. Company may update or amend these service level terms from time to time and new versions will be available online.
Capitalized terms used in this Appendix C and not otherwise defined shall have the meaning given to that term in Appendix A - Userful Terms and Conditions - Customer.
2. SERVICE AVAILABILITY
The Services shall be available each month no less than 99.0% of total time.
Measurement
The measurement point for service availability is the Company production data centre’s internet connection points. Total time shall exclude the time from 12:00am to 11:59pm each Saturday, Sunday and statutory holiday along with all time included in scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation.
Downtime shall begin to accrue upon receipt of notice by the Company from the Customer and shall continue until the availability of the Services is restored.
Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.
Customer Remedy
Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than three hours, Company will credit Customer 5% of a week’s Service fees for each week impacted of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.
In order to receive credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred.
Additional Service Level Terms Agreed Upon with Customer Not applicable at this time.
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